Parents in jail, HC tells Delhi Police to get girl admitted to school

New Delhi: Education is the first step towards tackling social evils, especially poverty, inequality and discrimination, the Delhi high court has said while directing the city police to get an eight-year-old girl admitted to school since her parents were lodged in jail in a murder case since July 2021

New Delhi: Education is the first step towards tackling social evils, especially poverty, inequality and discrimination, the Delhi high court has said while directing the city police to get an eight-year-old girl admitted to school since her parents were lodged in jail in a murder case since July 2021.

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The mother had moved to the court seeking interim bail for two weeks, stating that she was concerned about the admission of her child, adding that without her presence, she cannot be admitted in any school. The trial court had dismissed the interim bail plea opening that it cannot be termed as a compelling circumstance or intolerable grief.

Saying that the right to education of the child is at stake, on August 3, Justice Swarn Kanta Sharma took suo moto cognizance to facilitate the child’s admission in a school so that she does not lose out on the current academic year i.e. 2022-23.

The judge noted that the parents are in judicial custody and the prime concern of the parents is education of the child.

The court said that the child must get admitted in a school at the earliest so that the shadow of no unpleasant happening falls upon the child’s life to darken her future.

“It is therefore directed that the SHO concerned will get the child admitted to the school adjacent to the senior branch of the school in which the older sibling of the child is already enrolled and pursuing her education. The Principal of the school will extend full cooperation for the admission of the child. A compliance report will be filed within 10 days,” the court said.

The court said that depriving any child of education due to family circumstances should not be allowed to every extent possible as an educated child educates the entire family and becomes an asset to the nation.

It said that an educated individual can make informed decisions, first for themselves, and then be able to contribute constructively towards the progress of the nation and society at large.

Asserting that the right to education is a fundamental right, the judge said, “A child must not suffer the consequences, on account of their parents having been in judicial custody for a crime which is yet to be adjudicated upon by the court. This court is duty bound to enforce fundamental rights of every citizen and in this case right to education of the child”.

It said that the constitution guarantees protection of independent identity and individuality to every Indian citizen and the court is bound to protect the rights of every individual enshrined and guaranteed by the same.